HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53191
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PLANNING COMMISSION RESOLUTION NO. 5319
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 02-10 TO
ALLOW THE CONSTRUCTION OF A 51-UNIT SENIOR
HOUSING AIRSPACE CONDOMINIUM ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
JEFFERSON STREET, NORTH OF LAGUNA DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VILLA FRANCESCA
CASE NO.: CT 02-10
WHEREAS, Anthony De Leonardis, “OwnerDeveloper,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 6, 7, 8, 9, 10, and 11, in Block 1 of Sunny Slope Tract, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No 486, filed in the Office of the
County Recorder of San Diego County, February 7,1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A-B,” and “F-Q” dated December 18,2002, and revised Exhibits
“C, D, and E” dated February 5, 2003 on file in the Planning Department VILLA
FRANCESCA - CT 02-10 as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December, 2002
and on the 5th day of February, 2003 hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF VILLA FRANCESCA - CT 02-10 based
on the following findings and subject to the following conditions:
Findinps:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project is consistent with all regulations governing airspace subdivisions and the
design of multi-family condominiums.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High (RH), Residential Medium
High (RMH) and Residential Low-Medium (RLM) density development on the
General Plan, and are developed with multi-family projects or single-family
residences which would be compatible with a senior housing project.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the R-3 zone and senior citizen housing standards are incorporated into the project
without the need for variances from development standards and the lot coverage of
54% is below the maximum 60% lot coverage allowed.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned and that there are no conflicts
with established easements.
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures is designed
in a courtyard configuration to maximize the exposure of each unit to natural light
and ventilation.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been previously graded and is surrounded by
existing development.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
served by existing storm drain and sewer collection facilities. The project is
PC RES0 NO. 5319 -2-
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conditioned to comply with the National Pollution Discharge Elimination System
Standards to prevent any discharge violations.
9. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated December 18,2002 including, but not limited to the following:
Land Use - The project complies with the criteria established in the General
Plan Residential Implementing Policies C.2 allowing density increases as
outlined in detail in the staff report dated December 18, 2002, the project is
appropriate for a higher residential density of 61 du/ac as allowed by
Chapter 21.53 and Council Policy 43, and the project complies with the
City’s General Plan goal to provide additional senior citizen housing for
seniors of different income groups.
Circulation - The project is served by an existing fully improved public
street, Jefferson Street, which operates at an acceptable level of service. On-
site circulation consists of a private driveway which provides access to
basement level resident and guest parking spaces designed in accordance
with City standards.
Noise - The project is consistent with the 60 dBA exterior CNEL and is
conditioned to incorporate noise mitigation measures to ensure compliance
with the 45 dBA interior CNEL noise standards.
Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the project is requesting a
density increase from 11.5 du/ac to 61 du/ac in exchange for providing a
100% senior housing “for-sale” condominiums with 51% of the units
affordable to low and moderate income senior households.
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need.
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuanc.e of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map (CT 02-10) documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occw substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
5. Developer shall implement, or cause the implementation of, the Villa Francesca Project
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Mitigation Monitoring and Reporting Program.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar
copy of the Tentative Map and Site Plan reflecting the conditions approved by the final
decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CP 02-05, SDP 02-04, and CDP
02-15 and is subject to all conditions contained in Planning Commission Resolutions No.
5318,5320,5321 and 5322 for those other approvals incorporated by reference herein.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
This project is being approved as an air space condominium. There will be no
individual ownership of land. A note to this effect shall be placed on the Final Map
with the exact wording to the satisfaction of the Planning Director.
Housing
14. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
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15.
Developer shall enter into an Affordable Housing Agreement with the City to provide
and deed restrict 26 dwelling units as “for-sale” affordable units for a minimum of
thirty (30) years or in accordance with the requirements and process set forth in Chapter
21.85 of the Carlsbad Municipal Code. Eight (8) units shall be reserved for low
income households (maximum 80% AMI) and eighteen (18) units shall be reserved
for moderate income households (maximum 120% AMI). The developer must have
an assumed household size of no more than 2 persons for 2-bedroom units within
the project for the purposes of calculating the allowable sales price for the
affordable units. The draft Affordable Housing Agreement shall be submitted to the
Planning Director no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all hture owners and
successors in interest.
Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
Landscape
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
A. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Miscellaneous
17. Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
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C. Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
D. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails
to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such
invoice in full within the period specified, payment shall be deemed delinquent
and shall be subject to a late charge in an amount equal to six percent (6%) of the
amount of the invoice. Thereafter the City may pursue collection from the
Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and
remedies available to the City, the City may levy a special assessment against the
Owners of each Lot in the Project for an equal prorata share of the invoice, plus
the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power
to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and hisher respective Lot for purposes of collecting such special
assessment in accordance with the procedures set forth in Article of this
Declaration.
18. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Specifically, the developer shall install a new bus stop, bench,
trash receptacle, and boarding pad approximately 60’ north of the project entrance.
Approximately 80’ of frontage must be “red-curbed” to the satisfaction of NCTD
and the City of Carlsbad Engineering Department. The developer shall be
responsible for the upkeep of the bus stop. Said facilities shall be free from
advertising.
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Notice
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This project is being approved as a condominium permit for senior citizen residential
homeownership purposes. If any of the units in the project are rented, the minimum time
increment for such rental shall be not less than 26 days. The CC&Rs for the project shall
include this requirement.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of the first dwelling unit the Developer shall provide all passive and
active recreational areas per the approved plans, including landscaping and recreational
facilities.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, Site
Development Plan, and Coastal Development Permit by Resolutions No. 5319, 5320,
5321 and 5322 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
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Prior to the recordation of the final map, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and
City Attorney (see Noise Form #1 on file in the Planning Department).
Prior to the recordation of the final map, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
Onsite Conditions - Specific
29. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
Engineering Conditions:
General
30. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
3 1. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
32. Developer shall provide to the City Engineer, an acceptable means, CC&Rs orland other
recorded document, for maintaining the common areas within the subdivision and all the
private improvements: streets, sidewalks, landscaping and storm drain facilities located
therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within the subdivision. Storm drain facilities within the
subject property are privately owned and maintained. The project CC&Rs shall
include provisions for periodic observation and permanent maintenance of the
detention facilities and storm drain system.
33. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
FeedAPreements
34. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
35. Pursuant to section 20.16.040 (d), The Developer shall execute and cause to be
recorded a covenant running with the land, not to oppose an improvement district
for underground placement of the existing overhead utilities.
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36. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
37. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to the issuance of a building permit
for the project.
Dedications/Improvements
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Any placement of any water meters or other public utilities outside of the existing
right-of-way will require dedication of additional easements. Developer shall make
an offer of dedication to the City for any necessary easements at the time of final
design. Developer shall dedicate easements by a certificate on the final map. All
land so offered shall be offered free and clear of all liens and encumbrances and
without cost.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the tentative map including, but not limited to: removal and replacement of
existing driveways, curb, gutter and sidewalk; paving and base; fire hydrants; sewer
and water laterals; and traffic control.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
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hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Final Map Notes
43. Developer shall show on Final Map the net developable acres for each parcel.
44. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Fire
45. CFD shall allow the installation and use of the basement level storage areas with the
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following conditions:
A. The walls separating the U occupancies (storage closets) fi-om the parking garage
shall be masonry construction. All cells shall be fully grouted.
B. Entry doors to the storage closets shall be metal frame, metal door, listed 1 % hour
assemblies that have an integral window for viewing inside the storage closets.
C. The entry doors to the closets shall be master keyed so that the HOA has access to
the areas for routine inspections. There shall be no electrical outlets within the
storage closets. There may be general lighting within the closet installed in
conformance with the National Electric Code.
D. Signage shall be installed at each closet door noting that storage of flammable
liquids or gasses is prohibited.
E. Fire extinguishers shall be installed at a minimum 100 feet travel distance
throughout the parking garage and storage closet areas.
F. Automatic fire protection in storage units shall be upgraded to quick response
heads and the fire sprinkler head for each closet shall be separated from the
storage closet with a chain link ceiling assembly which will prohibit storage
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above the ceiling level and allow full operation of the sprinkler head and access to
the light fixture for maintenance.
G. The storage closets shall be owned by and managed by the HOA. The HOA shall
have the responsibility and duty to ensure that all closets uses are limited to
storage of ordinary household goods, which are consistent with the operation of a
dwelling unit. There shall be no storage of flammable liquids or gases of any type
in any type of container.
H. There shall be gravity ventilation to the exterior from each individual storage
closet.
I. The proposed elevator be of sufficient design to accommodate an ambulance
gurney in the prone position.
Code Reminders
- Fees
46. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
47. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
General
48.
49.
50.
51.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“feedexactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of February, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson
BAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMKLER
Planning Director
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